[Federal Register: May 27, 2004 (Volume 69, Number 103)]
[Proposed Rules]
[Page 30277-30278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my04-30]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH55
Endangered and Threatened Wildlife and Plants; Proposed
Reclassification From Endangered to Threatened Status for the Mariana
Fruit Bat from Guam, and Proposed Threatened Status for the Mariana
Fruit Bat from the Commonwealth of the Northern Mariana Islands
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), pursuant to
the Endangered Species Act of 1973, as amended (Act), provide notice of
the reopening of the comment period on the proposed threatened status
for the Mariana fruit bat (Pteropus mariannus mariannus) throughout its
range, to allow peer reviewers and all interested parties to submit
comments on the proposal. Comments already submitted on the March 26,
1998, proposed rule need not be resubmitted as they will be fully
considered in the final determination.
DATES: Comments from all interested parties must be received by June
28, 2004.
ADDRESSES: Comments and materials concerning the proposal should be
sent to the Assistant Field Supervisor, Pacific Islands Fish and
Wildlife Office, U.S. Fish and Wildlife Service, 300 Ala Moana
Boulevard, Room 3-122, P.O. Box 50088, Honolulu, HI 96850. For further
instructions on commenting, refer to the Public Comments Solicited
section of this notice.
FOR FURTHER INFORMATION CONTACT: Gina Shultz, Assistant Field
Supervisor, at the above address (telephone 808/792-9400; facsimile
808/792-9580).
SUPPLEMENTARY INFORMATION:
Background
On March 26, 1998, we published a proposed rule to reclassify the
Mariana fruit bat from endangered to threatened on Guam and list the
Mariana fruit bat as threatened in the Commonwealth of the Northern
Mariana Islands (CNMI) (63 FR 14641).
This subspecies of the Mariana fruit bat is found throughout the
Mariana Archipelago, which includes both the United States Territory of
Guam and the CNMI. In the CNMI, the Mariana fruit bat occurs primarily
on private and Commonwealth lands, including inhabited and uninhabited
islands. On Guam, it is known to roost primarily on Federal lands and
to forage widely throughout the island. Currently, fewer than 100
individual Mariana fruit bats remain on Guam and several thousand
individuals are distributed among the islands of the CNMI. The Mariana
fruit bat and its habitats have been impacted or are now threatened by
one or more of the following: illegal hunting, predation by introduced
predators such as brown treesnakes (Boiga irregularis), rats, and feral
cats; habitat loss to agriculture and development; habitat degradation
or destruction by feral ungulates; disturbance from human activities;
natural disasters or random environmental events such as hurricanes;
fire; vandalism; and inconsistent enforcement of territorial and
Federal laws and international conventions to protect this species. The
best available scientific and commercial information indicates that the
Mariana fruit bats in the CNMI and Guam represent one population, but
also recognizes that the survival of these bats on Guam continues to be
threatened by a variety of factors. However, when viewed in the context
of representing a portion of the entire Mariana fruit bat population in
the Mariana Islands, rather than as a distinct population as previously
thought, reclassification from endangered to threatened is appropriate
and biologically justified. Therefore, proposing to list the entire
population of Pteropus mariannus mariannus as threatened throughout its
range, including bats in both the CNMI and Guam, retains an appropriate
level of protection for this bat on Guam while increasing the overall
protection to the Mariana fruit bat throughout the Mariana Islands.
In our March 26, 1998, proposed rule and associated notifications,
we requested that all interested parties submit comments, data, or
other information that might contribute to the development of a final
rule. A 60-day comment period closed on May 26, 1998. On May 29, 1998,
we reopened the public comment period until July 10, 1998. A legal
notice containing this information also was published in the Marianas
Variety on June 8, 1998. We held public hearings on June 24, 1998,
[[Page 30278]]
at the Pacific Garden Hotel on Saipan, and on June 25, 1998, at the
Rota Resort on Rota. Pursuant to a settlement agreement approved by the
United States District Court for the District of Hawaii on August 21,
2002, the Service must make a final decision on this proposal by
December 31, 2004 (Center for Biological Diversity v. Norton, Civil No.
99-00603 (D. Haw.)).
Public Comments Solicited
We are reopening the comment period until the date specified in
DATES section above. The reopening of the comment period gives
additional time for all interested parties to consider the proposed
rule's information and submit comments on the proposal. Comments from
the public regarding the proposed rule are sought, especially
concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to the Mariana fruit bat;
(2) The location of any additional populations of the Mariana fruit
bat;
(3) Additional information on the range, distribution, and
population size of this species; and
(4) Current or planned activities in the areas inhabited by the
Mariana fruit bat and the possible impacts of these activities on this
species.
You may hand deliver, send by mail, or transmit by facsimile
written comments and information to the Assistant Field Supervisor (see
ADDRESSES section above), facsimile 808/792-9580.
Comments and materials received, as well as supporting
documentation used in preparation of the March 26, 1998, proposal to
reclassify the Mariana fruit bat from endangered to threatened on Guam
and to list this species as threatened in the CNMI, will be available
for inspection, by appointment, during normal business hours at our
Pacific Islands Fish and Wildlife Office at the Honolulu address given
above.
Author
The primary author of this notice is Holly Freifeld (see ADDRESSES
section above).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: May 19, 2004.
Marshall Jones,
Acting Director, Fish and Wildlife Service.
[FR Doc. 04-12043 Filed 5-26-04; 8:45 am]
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